SUBAL CHANDRA KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for writ in the nature of Mandamus directing the respondents to Withdraw the Order of Cancellation of the petitioner's Establishment for manufacture of Condensed Milk & to restore to the petitioner the benefits under Sugar Permit No. N/ME/8 (Sug) No. 37688.

(2.) The petitioner carries on business under the name and style of National Milk Co. at 1/9 Nilmoney Mitra-Row within the municipal limits of Calcutta. It is alleged that prior to the introduction of Sugar Control the petitioner in his said business used to manufacture condensed milk and other preparations of sugar e.g. lozenges, sugar candy and toffee, and he has the necessary and complete equipments for the manufacture of sugar candy, lozenges and condensed milk at his said place of business. After the introduction of the Sugar Control the petitioner applied for and was granted an Establishment Sugar Permit for manufacture of condensed milk only. The petitioner made repeated representations for allotment of further quantities of sugar for manufacture of lozenges and sugar candy, but permission for such allotment was not granted owing to the sugar position prevailing. The correspondence annexed to the petition bears this out.

(3.) On 9-9-1950 an area Inspector visited a Lozenges manufacturing Establishment at 115A Beniatolla Street, Calcutta, known as 'Oriental Confectionery" where the petitioner works as manager and asked the petitioner who was there at the time to accompany the Inspector to the Condensed Milk Establishment of the petitioner at 1/9 Nilmoney Mitra Row. The petitioner did not accede to such request on the ground that it was not possible for him to leave the stock of sugar unattended in charge of the labourers who were working there. The Inspector thereupon made some Notes on the Daily Consumption Register of the "Oriental Confectionery" and left the place.